Bail refused in 'sex romp' case

A man was thrown from a three-storey balcony at Mooloolaba after jealousy erupted in a group sex romp, a court heard yesterday.

Steven Joseph Bartley, 47, has been charged with attempted murder and acts intended to cause grievous bodily harm over the incident on Buderim Avenue about 3am on Saturday.

Magistrate Barry Barrett refused his application for bail in Maroochydore Magistrates Court yesterday after police prosecutor Phillip Stephens told how Mr Bartley allegedly picked up a Minyama man and threw him over the edge of the balcony.

Sergeant Stephens told the court that police had a strong case, with witnesses hearing Mr Bartley say “You’re f***ing dead mate” before he threw him over the edge, and then “That got rid of the c***” afterwards.

“(Mr Bartley) and two other males and a female have returned to their ... unit after consuming alcohol at their local hotel to engage in some sort of sex act,” he said.

“It appears this sex has gone wrong.

“Jealously intertwined which resulted in the attempted murder of the complainant.

“The defendant has (allegedly) picked the complainant up and attempted to throw him over the edge of a balcony three storeys high.

“The strength of the case against the defendant (is strong). Certainly the witnesses who were present at the time have given corroborating statements or evidence which echoed the (version) of the defendant at the time.

“The concerns of the police are that (Mr Bartley) may endanger the safety and welfare of the public, may interfere with witnesses and may obstruct the course of justice.

“The defendant should also be kept in custody for his own safety and wellbeing.”

Solicitor Renee O’Brien, from Ryan and Bosscher Lawyers, said while her client had some criminal history, mostly more than 10 years ago, he had no history of violence.

She said Mr Bartley had three children, had been a painter for 30 years and owned the unit where he was living with his de facto partner.

“My client is a candidate for bail,” she said.

“He can reside with his brother and sister-in-law as an alternate address to the crown witness (his de facto).

“There is no history of violence to substantiate an ongoing danger of public safety.

“I believe the stringent conditions I have put before the court could alleviate prosecution’s concerns.”

But Mr Barrett said he believed Mr Bartley was an unacceptable risk of interfering with witnesses, failing to appear in court and reoffending.